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MATTER OF LILLIAN G.

2019-03564. Index No. 100321/16.

208 A.D.3d 875 (2022)

174 N.Y.S.3d 442

2022 NY Slip Op 05086

In the Matter of Lillian G. Steven G., Respondent; Gary G., Appellant; Judy Mock et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 31, 2022.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York, NY (Scott T. Horn of counsel), for appellant.

Armstrong & Lamberti, PLLC, Staten Island, NY (Anthony J. Lamberti, of counsel), for petitioner-respondent.

Brathwaite Nelson, J.P., Chambers, Christopher and Wooten, JJ., concur.

Ordered that the order dated March 5, 2019, is affirmed insofar as appealed from, with costs.

The petitioner commenced this proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian for the person and property of Lillian G. (hereinafter Lillian), his mother, an alleged incapacitated person. It is not disputed that the petitioner's brother, Gary G. (hereinafter Gary), had been managing Lillian's affairs and had borrowed money from her accounts for...

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